coastalcph/lex_glue huggingface dataset:
6.  On 24 July 1996 police officers from the Istanbul Security Directorate arrested the applicant in his house and placed him in custody in the course of an investigation conducted against the members of the PKK.
7.  In a letter dated 25 July 1996 the Istanbul Security Directorate informed the office of the public prosecutor at the Istanbul State Security Court that on account of the applicant’s confessions the police officers had conducted a search in the applicant’s house and found several explosives. In the same letter the Istanbul Security Directorate requested the Istanbul State Security public prosecutor to authorise the extension of the applicant’s detention period. On the same date the Istanbul State Security Court public prosecutor authorised the Istanbul Security Directorate to extend the detention period until 5 August 1996.
8.  On 5 August 1996 the applicant was questioned by the public prosecutor at the Istanbul State Security Court. During his questioning the applicant partly confirmed the veracity of his statement he gave in police custody on account of his involvement in the PKK.
9.  On 5 August 1996 the applicant was questioned by the investigating judge at the Istanbul State Security Court. The applicant rejected his involvement in the PKK and the accusations mentioned in the statement he gave in police custody. On the same date the investigating judge ordered the applicant’s detention on remand.
10.  At a hearing on 18 October 1996 before the Istanbul State Security Court the applicant rejected the allegations against him and stated that he had been forced to sign a statement without having read it. The applicant confirmed the veracity of the statements he gave before the public prosecutor and the investigating judge.
11.  At two hearings on 18 October 1996 and 9 December 1996 the Istanbul State Security Court rejected the applicant’s requests for release pending trial.
12.  On 23 May 1997 the Istanbul State Security Court convicted the applicant of aiding and abetting the PKK pursuant to Article 169 of the Turkish Criminal Code and Article 5 of Law No. 3713. It sentenced the applicant to five years’ imprisonment and debarred him from employment in public service.
13.  On 20 June 1997 the applicant lodged an appeal with the Court of Cassation against the decision of the Istanbul State Security Court.
14.  On 12 March 1998 the Court of Cassation upheld the decision of the Istanbul State Security Court.
8.  By a judgment of 6 October 1995, the Paris tribunal de grande instance made a divorce order terminating the marriage of Mr and Mrs Del Sol, ordered the liquidation and partition of the matrimonial property, set the level of maintenance to be paid to the applicant at 1,300 French francs (FRF) monthly and dismissed a claim for damages by the applicant.
9.  On 8 December 1995 the applicant appealed against that judgment, stating, inter alia, that her husband, the petitioner in the proceedings, had failed to satisfy the conditions set out in the Civil Code, as he had no rights in the assets he had offered to leave her. She argued in the alternative that a divorce would cause her exceptional hardship and that her husband's petition should be dismissed in accordance with Article 240 of the Civil Code, which empowered the court to dismiss a divorce petition if the respondent showed that “the divorce would cause the respondent ... or the children exceptional material or psychological hardship ...”. The applicant also sought maintenance in the form of monthly payments of FRF 3,000.
10.  On 25 February 1997 the Paris Court of Appeal upheld all the provisions of the impugned judgment, with the exception of the decision relating to maintenance, which was reduced to FRF 1,000 monthly. It held, inter alia, that the applicant's husband satisfied all the conditions on which the admissibility of the divorce petition depended, as he had offered to assign to the applicant his rights in property which the couple jointly owned in Italy. It further held that the applicant had failed to show that the divorce would cause her exceptional hardship, either psychologically or materially.
11.  On 20 May 1997 the applicant applied to the Legal Aid Office at the Court of Cassation for legal aid to enable her to appeal to that court against the Court of Appeal's decision. Her application was refused on 2 April 1998 on the ground that no arguable ground of appeal could be made out against the impugned judgment. The Legal Aid Office noted, however, that the applicant satisfied the means test for legal aid.
12.  On 22 May 1998 the applicant appealed against that decision. By an order of 11 June 1998 the President of the Court of Cassation upheld it, holding that the Legal Aid Office had “found no arguable ground of appeal after assessing the facts of the case in its unfettered discretion”.
8.  On 26 December 1991 the applicants' house in the village of Martinec (Croatia) was destroyed by an explosion.
9.  On 29 November 1994 the applicants brought an action for damages against the Republic of Croatia in the Zagreb Municipal Court (Općinski sud u Zagrebu).
A hearing was held on 2 May 1995.
10.  On 12 May 1995 the applicants asked the court to request the Bjelovar Police Department (Policijska uprava Bjelovarska) to submit their report concerning the events that had led to the destruction of the applicants' property. On 19 May 1995 the court requested the report.
11.  On 17 January 1996 the Croatian parliament introduced an amendment to the Civil Obligations Act which provided that all proceedings concerning actions in respect of damage resulting from terrorist acts were to be stayed pending the enactment of new legislation on the subject and that before the enactment of such new legislation damages for terrorist acts could not be sought. So far, the Croatian authorities have not enacted any new legislation regulating the matter.
12.  It appears that several constitutional claims were lodged, though not by the applicants in the present case, challenging the above legislation. The Constitutional Court has not yet reached any decision.
13.  On 24 April 1998 the Zagreb Municipal Court stayed the proceedings in accordance with the above legislation. No appeal was lodged against that decision.
14.  On 13 November 1994 the applicants' garage and the adjacent storage room and a meat-curing shed in Bjelovar were destroyed, also as a result of an explosion.
15.  On 14 December 1994 the applicants brought an action for damages against the Republic of Croatia in the Zagreb Municipal Court.
16.  A hearing was held on 8 May 1995. The court requested the Bjelovar Police Department to submit their report concerning the events that had led to the destruction of the applicants' property.
17.  On 19 July 2000 the court stayed the proceedings. No appeal was lodged against that decision.
6.  On 9 September 1993 the Bielsko-Biała Regional Court dismissed the applicant's request for registration of the title of a periodical, The Social and Political Monthly – A European Moral Tribunal (Miesięcznik społeczno-polityczny, europejski sąd moralny) to be published in Kęty. The court considered that in accordance with the Press Act and the Ordinance of the Minister of Justice on the registration of periodicals, the name of a periodical should be relevant to its contents. The name as proposed by the applicant would suggest that a European institution had been established in Kęty, which was untrue and would be misleading to prospective buyers. Moreover, the proposed title would be disproportionate to the periodical's actual importance and readership as it was hardly conceivable that a periodical of a European dimension could be published in Kęty. The court went on to state:
“... the applicant stubbornly applies for registration of periodicals the titles of which would suggest the existence in Kęty of an institution of international character (such as the European Moral Tribunal or the World Tribunal of Morality), and when requested by the court to change the titles he declares that he will not do so.”
7.  On 17 December 1993 the Katowice Court of Appeal dismissed an appeal by the applicant against this decision. The court stated, inter alia, that in the proceedings before the first-instance court the applicant had been requested to change the proposed title by deleting the term “European Moral Tribunal”, but he had refused to do so.
8.  Subsequently, the applicant made a number of further applications for the registration of periodicals. He succeeded in obtaining four registrations.
9.  On 6 May 1994 the Minister of Justice refused to grant leave for an extraordinary appeal against the decision of 17 December 1993, finding that it was in accordance with the law.
10.  On 17 February 1994 the Bielsko-Biała Regional Court dismissed a new request by the applicant for registration of a periodical, Germany – A thousand-year-old enemy of Poland. The court noted that at a hearing on 17 February 1994 the applicant, when requested to change the proposed title so as to remove its negative character, had refused to do so. The court considered that registration of the periodical with the proposed title would be harmful to Polish-German reconciliation and detrimental to good cross-border relations.
11.  The applicant appealed against this decision, submitting that it was incomprehensible and amounted to censorship.
12.  On 12 April 1994 the Katowice Court of Appeal upheld the contested decision. The court observed that the title, as proposed by the applicant, suggested that the proposed periodical would concentrate unduly on negative aspects of Polish-German relations. The court considered that such a title would be in conflict with reality in that it would give an unbalanced picture of the relevant facts. The court further considered that the lower court had been justified in refusing registration on the ground that the title would be detrimental to Polish-German reconciliation and to good relations between Poland and Germany.
8.  Since 20 March 1991 the applicant has been serving in the Sniego Prison in Vilnius a sentence of 13 years’ imprisonment for aggravated murder. By a Presidential decree of pardon of 27 June 1998 the applicant’s sentence was reduced by two years.
9.  On 21 July 1998 the applicant applied to the prison administration, requesting his transfer to another prison. The prison administration refused his request. The applicant unsuccessfully complained that he was unable to change prisons to various Lithuanian and international authorities and NGOs, including the Council of Europe, the Council of the Baltic Sea States (“the CBSS”) and Amnesty International.
10.  On 20 October 1998 he received a letter dated 16 October 1998 from the CBSS Commissioner on Democratic Institutions and Human Rights based in Copenhagen. The letter had been opened when he received it.
11.  On 2 November 1998 he received a letter dated 21 October 1998 from the Secretariat of the European Commission of Human Rights. The letter had also been subjected to initial screening by the prison administration before the applicant had access to it.
12.  On 3 December 1998 the applicant was reprimanded in disciplinary proceedings. He lodged with the Ombudsman a complaint concerning the reprimand and alleged breaches of the freedom of his correspondence.
13.  On 22 December 1998 the Ombudsman found that the prison administration had censored a letter from the applicant to his wife in which he had accused the prison staff of theft. The Ombudsman found that, as a consequence, on 30 October 1998 the prison administration had disciplined the applicant for slander. The Ombudsman held that the applicant’s letters to his wife pertained to the field of his private life, and that his allegations of theft did not constitute any formal suggestions, applications or complaints for the purpose of Rule 7 § 3 (4) of the Prison Rules (see the ‘Relevant domestic law’ part below). The Ombudsman concluded that the disciplinary penalty was unlawful, and suggested that it should be lifted. The Ombudsman also found that the letter from the CBSS of 16 October 1998 had been opened. He held that the applicant’s right to respect for correspondence under Article 8 of the European Convention of Human Rights was “almost inviolable”, but that the State was allowed to censor prisoners’ letters in certain cases. The Ombudsman found no violation of the applicant’s right to respect for his correspondence.
14.  On the basis of the Ombudsman’s conclusions, on 29 December 1998 the Director of the Penitentiary Department lifted the disciplinary penalty.
6.  The applicant, a widow of an appeal-court judge, applied for a readjustment of her pension. On 4 December 1995 the State General Accounting Department turned her application down. In its decision the State General Accounting Department stated that any benefit paid to judges in service in any manner whatsoever, does not constitute an increase in their basic salary and cannot be taken into consideration for the calculation of the retirement pension or an adjustment of this pension. The applicant appealed to the Court of Audit.
7.  On 9 September 1997 the Court of Audit upheld her appeal considering that she was entitled to an additional pension of 103,800 drachmas (GRD) per month for the period between 1 December 1991 and 31 December 1995 (judgment No. 1636/97). The court ordered the State to pay the applicant immediately the money owed for the period between 1 December 1991 and 30 June 1993. Moreover, the State was to pay the applicant on 1 April 1998 the money owed for the period between 1 July 1993 and 30 April 1994, on 1 April 1999 the money owed for the period between 1 May 1994 and 31 March 1995 and on 1 April 2000 the money owed for the period between 1 April 1995 and 31 December 1995.
8.  The decision was served on the Minister of Finance on 9 October 1997. Because the State did not appeal within one year, the decision of the Court of Audit became final on 19 September 1998 as provided by domestic law.
9.  In the meantime, on 27 June 1997 Law No. 2512/1997 was enacted. Section 3 of that statute interpreted Law No. 2320/1995 and provided that the scales established by various ministerial decisions could not be applied to the calculation of the judge’s retirement pensions. Furthermore, any claim based on that statute was statute-barred, any pending judicial proceedings set aside and any sum paid out, other than pursuant to a final judgment, had to be refunded.
10.  In a judgment of 17 December 1997 the Court of Audit, sitting as a full court, held that Section 3 of the above-mentioned statute was unconstitutional and contrary to Article 6 of the Convention.
11.  However, the authorities refused to pay the applicant the additional pension as specified in the above decision.
12.  By a decision No. 71320 of 30 June 2000 the Minister of Finance ordered that all judgments of the Court of Audit whereby retirement pensions had been adjusted should be enforced. The decision provides for the payment of the additional pensions for the period 1 December 1991 to 31 December 1995 by way of seven six-monthly instalments without interest in the form of State bonds. The sums are to be paid to the interested parties upon submission of a declaration certifying that they have not already received any other payment in this respect and that they will not raise any other similar claim for the above-mentioned period.
12.  The applicant lived in the Çelebi hamlet of the Arıklı village of the Lice district in the province of Diyarbakır. In April 1994, security forces burned down the applicant's house, along with the other houses and forced the evacuation on the entire hamlet. The applicant then settled in Arıklı and his son Vahdettin Haran in Lice.
13.  On 12 May 1994 Vahdettin went to Arıklı in order to help the applicant to prune grapes in his vineyard. The gendarmes and soldiers arrived at the village and convened all the villagers in the schoolyard. They then started to burn the houses. At about 11 a.m., as houses were still being burned, the applicant heard the sound of gunfire coming from his vineyard.
14.  In the evening villagers who came from the direction of the vineyard said that the gendarmes had taken someone away with them and gone towards Lice. The applicant feared that this might have been his son.
On the morning of the following day, 13 May 1994, the applicant sent his other children to the vineyard, where the body of Vahdettin was found dead.
15.  Later on 13 May 1994 the applicant went to Lice and reported the killing of his son to the Public Prosecutor. The Public Prosecutor told the applicant that he would not be able to come to the village as it would be too dangerous for him, but that an autopsy would be carried out if the body could be brought to Lice. The applicant took the body of his son to Lice and an autopsy was conducted by the Public Prosecutor. The applicant was not given any information or any document pertaining to the autopsy.
16.  The applicant, with the authorisation of the Public Prosecutor, took his son's body and buried him in the village.
17.  On 12 May 1994, an official autopsy was conducted on the body of Vahdettin Haran. The autopsy report indicated that the death was caused by shattering of internal organs by bullets.
18.  On 6 June 1994, the Public Prosecutor of Lice initiated a preliminary investigation into the circumstances surrounding the death. The Court was not informed of the outcome of the investigation.
8.  The applicant was born in 1937 and lives in Athens.
9.  Between 13 July 1953 and 15 October 1957 the applicant paid contributions to the Fund of Typographers and Graphic-Arts Employees (Ταμείο Τυπογράφων και Μισθωτών Γραφικών Τεχνών) for 1136 working days. Between 1 February 1979 and 31 December 1980 the applicant paid contributions to the Social Security Foundation (Ίδρυμα Κοινωνικών Ασφαλίσεων) for 86 working days. Between 1 January 1981 and 30 July 1981 the applicant paid contributions to the Social Security Fund for Technical Staff working in the Athens Press (Ταμείο Ασφάλισης Τεχνικών Τύπου Αθηνών) for seven months. Between 1 August 1981 and 31 May 1988 he paid contributions to the same fund for five years, ten months and 18 days.
10.  Then the applicant requested to be put on retirement under sections 18 § 2 and 10 § 1 of Law No. 1186/81. On 16 December 1988 the Director of the Social Security Fund for Technical Staff working in the Athens Press decided that the applicant was entitled to the pension provided for those who had worked for five to ten years (section 10 § 1 (a)).
11.  The applicant appealed against this decision considering that, under the relevant legislation, the Fund should also have taken into consideration the working days in respect of which he had paid contributions to the Fund of Typographers and Graphic-Arts Employees and the Social Security Foundation. His appeal was rejected by the Board of the Social Security Fund for Technical Staff working in the Athens Press sometime in 1989.
12.  On 19 April 1989 the applicant challenged this decision before the First Instance Administrative Court of Athens. On 28 February 1990 the court considered that sections 18 § 2 and 10 § 1 of Law No. 1186/81 were provisions of an exceptional nature. As a result, there was no room for applying the legislation concerning the taking into consideration of working days in respect of which contributions had been paid to other funds.
13.  On 20 July 1990 the applicant appealed against this decision. His appeal was rejected by the Administrative Court of Appeal of Athens on 10 April 1992.
14.  On 2 July 1993 the applicant appealed in cassation. He argued that if the contributions he had paid to other funds were not taken into account, his property rights would be violated, in breach of the Constitution.
15.  At first, the hearing was set down for 11 April 1994 but it was adjourned because the lawyers of the Athens Bar Association were on strike. A new hearing was set down for 21 November 1994 but it was continuously postponed. The hearing was finally held on 25 May 1998.
16.  On 9 June 1998 the Council of State rejected the applicant’s appeal referring to a number of previous decisions to the effect that the legislation concerning the taking into consideration of working days in respect of which contributions had been paid to other funds did not apply in cases of provisions that create exceptional rights to a pension.
9.  The applicant was born in 1970 and lives in St. Peter am Hart.
10.  On 9 July 1995 the applicant was involved in a road traffic accident in which his passenger was slightly injured.
11.  On 25 September 1995 the Braunau District Administrative Authority (Bezirkshauptmannschaft) ordered the applicant to pay a fine of 10,000 Austrian schillings (ATS), with nine days’ imprisonment in default, for driving under the influence of drink, contrary to sections 5 (1) and 99 (1) (a) of the Road Traffic Act 1960 (Straßenverkehrsordnung). The applicant did not appeal.
12.  Meanwhile, on 8 August 1995, a criminal information was laid against him.
13.  On 7 January 1997 the Grieskirchen District Court (Bezirksgericht) convicted the applicant under Article 88 §§ 1 and 3 of the Criminal Code (Strafgesetzbuch) of causing injury by negligence, with the additional element of Article 81 § 2, and sentenced him to pay a fine of ATS 8,000 with twenty days’ imprisonment in default.
14.  On 18 June 1997 the Wels Regional Court (Landesgericht) dismissed the applicant’s appeal. The Regional Court noted that the European Court of Human Rights had meanwhile found that the Austrian reservation in respect of Article 4 of Protocol No. 7 was invalid (see the Gradinger v. Austria judgment of 23 October 1995, Series A no. 328-C, pp. 64-65, §§ 49-51). However, the judgment was not directly applicable and, therefore, it had to be assumed that double punishment was still lawful under domestic law, if the courts decided after the administrative authorities. In addition it noted that, following a judgment of the Constitutional Court changing the subsidiarity provisions in section 99 (6) (c) of the Road Traffic Act, the administrative offence of drunken driving was subsidiary to an offence under the Criminal Code committed with the additional element of Article 81 § 2. This change of law was however not applicable to the case in issue.
8.  The applicant states that he is Ali Samy and that he is an Algerian national, born in 1968 in Algiers. He is currently living in the Netherlands.
9.  On 26 August 1996, the applicant was arrested and taken into detention on suspicion of theft. He was released on the same day. However, as it had appeared during the criminal investigation that he was likely to be an illegal alien, he was handed over to and, in accordance with Article 19 § 2 of the Aliens Act (Vreemdelingenwet), apprehended by the Aliens Department (Vreemdelingendienst) in order to verify his identity, nationality and residence status.
10.  On 27 August 1996, in accordance with Article 26 § 1 of the Aliens Act, the State Secretary of Justice (Staatssecretaris van Justitie) ordered the applicant's placement in aliens' detention with a view to his expulsion (vreemdelingenbewaring) and, on the same day, issued an expulsion order.
11.  The applicant's lawyer filed several unsucessful requests for the applicant's release from aliens' detention with the Hague Regional Court (arrondissementsrechtbank). In particular, a second request lodged on 29 November 1996 was rejected on 22 January 1997.
12.  On 7 March 1997, the applicant was released from detention because there was no real prospect of expelling him at that time as his origins could not be established.
13.  In a decision of 11 March 1997, the Hague Regional Court sitting in Amsterdam noted that the applicant had been released on 7 March 1997. The Regional Court found that the applicant's detention as of 27 February 1997 had not been lawful and awarded the applicant 1,200 Netherlands Guilders (544,54 euros) in compensation. The Regional Court also issued a costs order against the State Secretary of Justice.